The Sandiganbayan Sixth Division has denied the motion for leave to file demurrer to evidence filed by former Eastern Samar Rep. Marcelino Chicano Libanan, former Gov. Clotilde Japzon Salazar, and several others seeking to dismiss their estafa thru falsification charges on the basis of the weakness of the prosecution's evidence against them.
Libanan and Salazar have been charged for the reportedly anomalous purchase of soil activators in 2004 from AKAME, along with former Executive Assistant II Reynaldo Dorado, Provincial Accountant Vener Tabuena Dulfo, Project Development Officer Samson Chua Nervez, Provincial Administrator Officer-in-Charge Necitas Ponferrada, former member of the Bids and Awards Committee Manuel Bantay Japzon, and Provincial General Services Officer Vilma Banzon Bormate.
Libanan said that the prosecution's documentary exhibits are just mere photocopies, and it failed to justify why the exhibits could be considered as secondary evidence. He added that prosecution's witnesses have no personal knowledge of the incident, and no witness has testified that he committed any overt act charged in the Information.
He also said there is no evidence, direct or circumstantial, showing that he conspired or consented to any pre-conceived felonious act.
Salazar echoed Libanan's arguments and said that the evidence provided are just photocopies, and the witness who testified on the existence of the machine copies of the documents are custodians who have no knowledge as to the existence and due execution of the original copies.
He said the prosecution failed to prove that undue advantage was given to AKAME and that undue injury to the government was caused.
Unfortunately for Libanan and Salazar, as well as the others accused, the anti-graft court found their motions wanting.
"After a careful examination of the prosecution's evidence and the arguments in the accused's respective motions, this Court rules that granting the accused leave to file their demurrers to evidence will accomplish nothing but delay the proceedings," the Sandiganbayan said in a resolution.
The nine-page resolution was penned by Sixth Division Chairperson Sarah Jane Fernandez and concurred in by Associate Justices Karl Miranda and Kevin Narce Vivero.